Agenda

At any time during the "B" Session or the Regular City Council Meeting, the City Council may meet in executive session for consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security).

The City Council will convene for a "B" Session in the B Room of the Municipal Plaza Building at 10:00 A.M. for the following:

The City Council will convene in Council Chambers, Municipal Plaza Building in a Regular Council Meeting at 1:00 P.M.

1. Invocation by Rev. Edward Hayes, St. Stephen Baptist Church, Guest of Councilman Joel Williams, District 2, and Pledge of Allegiance.

3. Approval of the minutes of the City Council Meeting of August 12 and 19, 2004.

DISABILITY ACCESS STATEMENT

This meeting is wheelchair accessible. The accessible entrance is located at 103 Main Plaza. Accessible parking spaces are located at City Hall, 100 Military Plaza. Auxiliary aids and services are available upon request (interpreters for the deaf must be requested forty-eight (48) hours prior to the meeting) by calling (210) 207-7245 V/TTY for assistance. Closed captioning is available on broadcasts of the Council meetings on 21-TVSA.

Questions regarding this agenda notice should be directed to the City Agenda Coordinator at 207-7080.

4. 2:00 P.M. - Public Hearing and Consideration of the following Amendments to Master Plans and Zoning Cases:

Land Use Plan Amendments: [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager]

Zoning Cases: [Presented by Florencio Peña, Director, Development Services; Christopher J. Brady, Assistant City Manager]

4.1A. An

amending the land use plan contained in the Northwest Community Plan, a component of the Master Plan of the City, by changing the use of approximately four (4) acres located at Fenwood Street and Wellwood Street, more specifically described as Lot P-139A, Lot P-156 and Lot P-156C, all out of NCB 15095, from Community Commercial Land Use to Medium Density Residential and Single Family Residential Land Uses. Staff's recommendation is for approval. The Planning Commission recommended denial. (Council District 6)

4A.

CASE NUMBER Z2004172: The request of Raul B. Fernandez, Applicant, for Raul B. Fernandez, Owner, for a change in zoning from PUD "RM-4" Planned Unit Development Residential Mixed District to "R-5" Residential Single Family District on Lot P-156C, NCB 15095, Timberwilde at Wellwood. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 6)

4.1B. An

amending the land use plan contained in the Oakland Estates Neighborhood Plan, a component of the Master Plan of the City, by changing the text that describes commercial nodes to add the "intersection of Oakland and Huebner" to Chapter III Zoning and Land Use, Section A, Zoning in the Oakland Estates Neighborhood Plan. Staff's recommendation is for approval. The Planning Commission recommended approval. (Council District 8)

4B.

CASE NUMBER Z2004112 S C: The request of Jerry Arredondo, Applicant, for William E. Hooks, Jr., Owner, for a change in zoning on 4.422 acres out of NCB 14702 from "C-3" General Commercial District and "C-2" Commercial District to "C-3" S C General Commercial District with a specific use authorization for a mini-storage facility exceeding 2.5 acres (0.619 acres), "C-2" C Commercial District with a conditional use for a mini-storage facility exceeding 2.5 acres (2.754 acres) and "C-2" C Commercial District with a conditional use for a office warehouse (1.049 acres), 9000 Block of Huebner Road and Oakland Road. Staff's recommendation was for approval. Zoning Commission has recommended approval with the following conditions: 1) A Type F (40 foot) buffer adjacent to residential zoned parcels; 2) A Type B (15 foot) buffer and egress only along Oakland Road; 3) A Type C (15 foot) buffer along Huebner Road; and 4) All on-site lighting is directed onto the site using 90 degree or less cut-off fixtures. (Council District 8)

4C.

CASE NUMBER Z2004203: The request of Salah E. Diab, P.E., Applicant, for Aziz Enterprises of America, Ltd., Owner, for a change in zoning from "R-6" Residential Single-Family District to "C-3" General Commercial District on Lots 69 and 70, Block 3, NCB 15730, Interstate Highway 35 North access road and Dinn Drive. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 2)

4D.

CASE NUMBER Z2004205: The request of Debra Guerrero, Applicant, for Stanley Wayne Shipman, Owner, for a change in zoning from "R-5" Residential Single-Family District to "MF-33" Multi-Family District on Lot F, NCB 10779, 2819 South W. W. White Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 2)

4E.

CASE NUMBER Z2004089: The request of Domingo P. Maldonado, Jr., Applicant, for Domingo P. Maldonado, Jr., Owner, for a change in zoning from "R-6" Residential Single-Family District to "MF-25" Multi-Family District on Lot 300B, Block 30, NCB 11129, 200 Buchanan Boulevard. Staff's recommendation was for denial. Zoning Commission has recommended approval. (Council District 3)

4F.

CASE NUMBER Z2004192 C: The request of Brooks Corner Phase Two, L. P., Applicant, for Brooks Corner Phase Two, L. P., Owner, for a change in zoning from "C-2" Commercial District to "C-2" C Commercial District with a conditional use for a home improvement center on 14.71 acres out of NCB 10979, 3143 S. E. Military Drive. Staff's recommendation was for approval. Zoning Commission has recommended approval with the following conditions: 1) A Type C buffer as stated in Article V, Division 3, Section 35-510 shall be maintained; 2) Lights shall be directed downward and away from adjacent property; and 3) There shall be no storage of materials out-of-doors. (Council District 3)

4G.

CASE NUMBER Z2004215 C: The request of Carmen M. Classy, Applicant, for Ronald L. Classy, II, Owner, for a change in zoning from "R-6" Residential Single-Family District to "R-6" C Residential Single-Family District with a conditional use for multi-family dwellings with a maximum density of 12 units per acre on Lot 22, Block 35, NCB 7821, 109 West Huff Avenue. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3)

4H.

CASE NUMBER Z2004086: The request of Continental Homes, Applicant, for Continental Homes, Owner, for a change in zoning from "NP-10" Neighborhood Preservation District and "C-3" General Commercial District to "R-5" Residential Single-Family District on 201.97 acres; "R-6" Residential Single-Family District on 66.39 acres; PUD "R-4" Planned Unit Development Residential Single-Family District on 48.40 acres, "MF-33" Multi-Family District on 22.06 acres, and "C-3" General Commercial District on 17.77 acres out of NCB 18044 on Lot P-1 and P-71, NCB 15248; Lot P-1 and P-1D, NCB 18044, properties are located at the southwest corner of the intersection of Loop 410 West and Ray Ellison Blvd. Staff's recommendation was for approval. Zoning Commission recommended approval. (Council District 4)

4I.

CASE NUMBER Z2004199 S: The request of Jerry Arredondo, Applicant, for 4D Holdings, Ltd., Henry Davila, President, Owner, for a change in zoning from "C-3NA" General Commercial District, Nonalcoholic Sales and "C-3R" General Commercial District, Restrictive Alcoholic Sales to "C-3NA" General Commercial District, Nonalcoholic Sales (4.047 acres) and "C-3" General Commercial District (0.81 acres) on a 4.857 acre tract of land out of NCB 7561 and NCB 14992, 1750 General McMullen, 3207 Weir Avenue and 3230-1 Darby. Staff's recommendation was for denial as requested and approval of "C-3NA" S General Commercial District, Nonalcoholic Sales with a specific use authorization for a mini-storage facility exceeding 2.5 acres. Zoning Commission has recommended approval. (Council District 5)

4J.

CASE NUMBER Z2004188: The request of Brown, P.C., Attorneys at Law, Applicant, for Bethel United Methodist Church, Owner, for a change in zoning from "C-3NA" General Commercial District, Nonalcoholic Sales and "I-1" General Industrial District to "MF-25" Multi-Family District on 15.777 acre tract of land out of Block 5, NCB 11379, 500 Block of South Acme Road. Staff's recommendation was for denial. Zoning Commission has recommended approval. (Council District 6)

4L.

CASE NUMBER Z2004173: The request of Godfrey Residential Group, Ltd., Applicant, for Green Land Properties, Ltd., Owner, for a change in zoning from "C-3" Commercial District to "MF-25" Multi-Family District on Lots 1 and 2, Block 3, NCB 17253, 5450 Babcock Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8)

4M.

CASE NUMBER Z2004191 S: The request of Rod Robertson, Applicant, for Rod Robertson, Owner, for a change in zoning from "C-3NA" ERZD General Commercial, Nonalcoholic Sales Edwards Recharge Zone District to "C-3NA" S ERZD General Commercial, Nonalcoholic Sales Edwards Recharge Zone District with specific use authorization for an office warehouse (Flex Space) on Lot 1, Block 102, NCB 18612, 16210 University Oak. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8)

4N.

CASE NUMBER Z2004194 S: The request of Brown, P. C., Applicant, for The Children's Shelter Foundation, Owner, for a change in zoning from "MF-33" Multi Family District to "RM-6" S Residential Mixed District with a specific use authorization for a child care institution on Block 25, NCB 11620, 4040 High Ridge Circle. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8)

4O.

CASE NUMBER Z2004206: The request of Dennis Isbell, Applicant, for Grace Baptist Temple, Owner, for a change in zoning from "RM-4" PUD Residential Mixed Planned Unit Development District to "RM-4" Residential Mixed District on 7.059 acres out of NCB 14794, north side of Wurzbach Road 70 feet west of Fern Glen. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8)

4P..

CASE NUMBER Z2004212 C S: The request of City of San Antonio, Applicant, for Multiple Property Owners, for a change in zoning from: PUD "R-6" and PUD "R-6" GC-1 to PUD "R-6" and PUD "R-6" GC-1 on 251.03 acres; from "R-6" and "R-6" GC-1 to PUD "C-2" G "C-1" on 30.62 acres; from "R-6" GC-1 to PUD "C-2" GC-1 on 3.257 acres; from "R-6" GC-1 to PUD "C-1" GC-1 on 5.513 acres; from PUD "R-6" GC-1 to PUD "C-1" GC-1 on 4.218 acres; from "R-6" GC-1, PUD "R-6" GC-1, PUD "R-6" PUD "RM-4" GC-1 and "R-20" to PUD "R-6" S GC-1; on 560.28 acres save and except Blocks 23, 24, 25, 26, and 27, NCB 16385, from PUD "R-6" to PUD "R-6" on Blocks 23 through 27, NCB 16385; from "R-6" GC-1 and "R-6" to PUD "MF-25" on 69.0390 acres; from "R-6" to PUD "O-1" on 4.379 acres; from "R-6" to PUD "C-2" C for a private club on Lot 1, Block 14, NCB 34753A; from "R-6" and "R-6" GC-1 to PUD "C-2" C and PUD "C-2" C GC-1 for a private club on 17.87 acres; from PUD "R-6" and "R-6" to PUD "R-6" C for a homeowners association office; and from PUD "R-6" GC-1, "C-2" GC-1, "C-2", PUD "R-6", and PUD "RM-4" GC-1 to PUD "R-6" and PUD "R-6" GC-1 on 1081.35 acres save and except 351.208 acres and save and except Lot 1, Block 14, NCB 34753A on area generally bounded by IH-10 west on the west, Camp Bullis Military Reservation on the east, and Mission Cemetery on the south, Dominion Drive and IH 10 West. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8)

4Q.

CASE NUMBER Z2004201 S: The request of Dean Hollis & Curtis Thomas, Applicant, for Mortgage Loan & Agency Company, Owner, for a change in zoning from "C-3" ERZD General Commercial Edwards Recharge Zone District to "C-3" S ERZD General Commercial Edwards Recharge Zone District with specific use authorization for a full service car wash on the approximate south 24 feet and the west 253.831 feet of Lot 1, Block 1, NCB 16329, 100 Block of North Loop 1604 West. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 9)

4R.

CASE NUMBER Z2004119: The request of Brown, P. C., Applicant, for Newton Bulverde Road, Ltd., Owner, for a change in zoning from "R-6" ERZD Residential Single Family Edwards Recharge Zone District to "MF-25" ERZD Multi-Family Edwards Recharge Zone District on 27.90 acres, "O-1" ERZD Office Edwards Recharge Zone District on 4.25 acres, "C-2" ERZD Commercial Edwards Recharge Zone District on 2.40 acres and PUD "R-5" ERZD Planned Unit Development Residential Single Family Edwards Recharge Zone District on 18.15 acres, all out of NCB 34955, 18221 Bulverde Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 10)

4S.

CASE NUMBER Z2004175 S C: The request of John L. Wilson & Association, Inc., Applicant, for MCM Properties, Owner, for a change in zoning from "R-6" Residential Single-Family District to "C-3" S C General Commercial District with a specific use authorization for a mini-warehouse exceeding 2.5 acres and a conditional use for long term auto and RV storage on the east 105 feet of Lot 4, Lot 5, Lot 6 and the East 105 feet of Lot 7, Block D, NCB 15707, on the west side of O'Connor Road between Santa Gertrudis and Durham Street (Not Open). Staff's recommendation was for denial. Zoning Commission has recommended approval. (Council District 10)

4T.

CASE NUMBER Z2004208: The request of O'Connor I-35, Ltd., Applicant, for Mike J. Claypool, O'Connor I-35, Ltd., Owner, for a change in zoning from "I-1" IH-10 General Industrial District Northeast Gateway Corridor Overlay District 1 to "C-3" IH-1General Commercial District Northeast Gateway Corridor Overlay District 1 on 3.531 acres out of NCB 14952, Southwest side O'Connor Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 10)

THE FOLLOWING ITEMS MAY BE CONSIDERED AT ANY TIME DURING THE REGULAR COUNCIL MEETING:

6. An

accepting the bids of various companies to provide the City of San Antonio with the various types of commodities and services on an annual contract basis for FY2004-2005 for an estimated combined annual cost of $1,240,359.00 to include contracts for asphalts, oil and emulsions and emergency vehicle tires. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]

7. An

amending the professional services agreement and authorizing payment in the amount of $44,370.00 from 1999-2004 General Obligation Drainage Improvement Bond funds for additional engineering services to Turner, Collie & Braden, Inc., in connection with the Ave Maria Drainage Project, located in Council District 1; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

8. An

amending the professional services agreement and authorizing payment in the amount of $65,370.00 from 2003 Storm Water Revenue Bond funds for additional engineering services to Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J in connection with the Laddie Place Regional Storm Water Facility, Phase I Project, located in Council District 1; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

9. An

authorizing payment in the amount of $6,776.00 from 2002 Certificates of Obligation to Bracewell & Patterson, L.L.P., for legal services necessary to the real estate acquisitions for the following approved City projects: Cherry Street Drainage #15B, Phase II Project, located in Council District 2; and the Western Avenue Drainage #74, IIIA Project, located in Council District 9; revising the project budgets; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

10. An

renewing a license agreement with Houston Street Hotel Partners, L.P., a Delaware limited partnership, for the continued use of Public Rights of Way along East Houston, North St. Mary's and East Travis Streets, and a fourteen foot (14') wide alley (surface, subsurface and air rights) for an existing basement, balcony, overhead parking structure, and a smokestack at the abutting Sheraton Gunter Hotel, located at 205 East Houston Street in Council District 1, for a ten (10) year term and the total consideration of $402,520.00. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]

11. An

authorizing the acceptance of $43,501.00 from the Texas Department of Health ("TDH") to augment funding for the Sexually Transmitted Disease Staff Support Program of the San Antonio Metropolitan Health District for the period January 1, 2004 through December 31, 2004; authorizing the execution of the contract change with TDH; and revising the program budget. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager]

12. An

authorizing the acceptance of $305,776.00 from the Texas Department of State Health Services ("TDSHS") to renew funding for the Local Public Health Support Program of the San Antonio Metropolitan Health District for the period September 1, 2004 through August 31, 2005; authorizing the execution of the contract change with TDSHS; adopting the program budget; and approving the personnel complement. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager]

13. An

authorizing the acceptance of $500,000.00 from the Texas Department of Health ("TDH") to augment funding for the Bioterrorism Preparedness Program of the San Antonio Metropolitan Health District for the period September 1, 2003 through August 31, 2005; authorizing the execution of the contract change with TDH; revising the program budget; approving the transfer of funds; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager]

Approval of Temporary Street Closures and Traffic Control Procedures for Special Events

14. An

approving the parade permit and authorizing the temporary closure of portions of certain streets near Scobee Elementary School (11223 Cedar Park) in connection with the Red Ribbon Parade to be held on Thursday, October 28, 2004 from 12:30 P.M. until 2:00 P.M. sponsored by Scobee Elementary School. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

15. An

approving the parade permit and authorizing the temporary closure of portions of certain streets near Mary Hull Elementary (7320 Remuda) in connection with the Say No to Drugs Walk - Red Ribbon Week to be held on Friday, October 29, 2004 from 12:30 P.M. until 2:30 P.M. sponsored by Mary Hull Elementary School. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

16. An

approving the parade permit and authorizing the temporary closure of portions of certain streets near Woodlawn Lake and Our Lady of the Lake University in connection with the 1^st Annual Our Lady of the Lake University 5K Run to be held on Saturday, October 30, 2004 from 6:00 A.M. until 9:30 A.M. sponsored by Patricia S. Castillo. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

A. An

reappointing Roy R. Botello (District 5) and Doris Griffin (District 7) to the Joint City/County Commission on Elderly Affairs for terms of office to expire on September 30, 2006.

B. An

reappointing Jane Velasquez (District 7) to the San Antonio Commission on Literacy for a term of office to expire on September 15, 2006.

C. An

appointing Juan Vasquez (District 7) to the Animal Care Services Advisory Board for a term of office to expire on April 3, 2006.

D. An

reappointing Bernice Williams (Gen./Citizen-at-Large Category - District 2) to the Historic and Design Review Commission for a term of office to expire on October 31, 2005.

E. An

appointing Kevin Glover (District 2) to the Tax Phase-In Advisory Committee for a term of office to expire on May 18, 2006.

F. An

appointing Llewellyn Fambles (District 2) to the Small Business Advocacy Committee for a term of office to expire on November 20, 2006.

18. An

accepting the resignation of a part-time municipal court judge, appointing two part-time judges and providing for an effective date. [Nominees: Carmen Rojo and Abraham Ramirez] [Presented by Andrew Martin, City Attorney; J. Rolando Bono, Interim City Manager]

19. An

ordering a Special Election to be held on the 7^th day of May, 2005, in the City of San Antonio, Texas, in accordance with Chapter 334, Texas Local Government Code, as amended, and other applicable law, on the question of implementing and approving City Council Resolution No. 2004-29-25, which designates, and provides for the planning, acquisition, establishment, development, construction, or renovation of, and the method of financing for the Parks Development and Expansion Venue Project, making provision for the holding of said election; providing for an effective date; and amending Ordinance No. 99608 in accordance therewith. [Presented by Christopher J. Brady, Assistant City Manager; J. Rolando Bono, Interim City Manager]

20. An

approving (1) a Purchase Contract and (2) a Lease Agreement with Option to Purchase with Budco, Ltd., to purchase approximately 1.24 acres containing one building with approximately 29,725 rentable square feet, located at 502 Burnet Street in Council District 2, for the purchase price not to exceed $891,150.00, for use of the property by the San Antonio Fire Department; authorizing payment of 1) $25,000.00 to Alamo Title Company as a deposit to be applied toward the purchase price upon closing of the transaction; 2) an amount not to exceed $50,000.00 for costs associated with property due diligence/inspections and fees due from the City prior to and at the time of such closing; and 3) an estimated total amount of $68,722.40 for the payment of rent, taxes and insurance, due only in the event that the closing of the sale of the property does not occur by December 31, 2004; appropriating funds; and providing for payment. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]

21. An

designating the firm of THC, Inc., to provide architectural, engineering and construction services under a modified design/build contract, all in connection with the Residential Acoustical Treatment Program at San Antonio International Airport; and authorizing the negotiation of a professional services contract. [Presented by Kevin Dolliole, Director, Aviation; Roland A. Lozano, Assistant to the City Manager]

22. An

amending Chapter 34 of the City Code allowing qualified disabled customers, who receive Federal Supplemental Security Income, an additional ten (10) days to make payment prior to the imposition of a penalty for late payment for services provided by the San Antonio Water System. [Presented by Ben Gorzell, Jr., Director, Public Utilities Office; Melissa Byrne Vossmer, Assistant City Manager]

23. A

setting November 4, 2004 as the date for public hearings on the City Council's proposal to remove for cause Henrietta La Grange and David Soto as members of the Municipal Civil Service Commission. [Presented by Andrew Martin, City Attorney; J. Rolando Bono, Interim City Manager]

24.

Authorization for Councilman Enrique M. Barrera, District 6, who will travel to Corpus Christi, Texas, to attend the 92^nd Annual Texas Municipal League Conference and Exhibition at the American Bank Center from Wednesday, October 27, 2004 through Friday, October, 29, 2004.

25.

Authorization for Councilman Christopher "Chip" Haass, District 10, who will travel to Indianapolis, Indiana as a Committee Member to attend the National League of Cities' Fall Meeting on Youth, Education, and Families from Monday, October 18, 2004 to Tuesday, October 19, 2004.

27. The City Council will recess into an executive session to discuss the following:

A. Discuss legal issues relating to the convention center catering contract with the RK Group Joint Venture Partnership, pursuant to Texas Government Code Section 551.071 (consultation with attorney).

B. Deliberate the duties, appointment, and employment of the City Manager, pursuant to Texas Government Code Section 551.074 (personnel matters), and discuss related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney).

C. Discuss legal issues relating to Reed S. Lehman Grain, Ltd., v. The City of San Antonio, Cause No. 2004-CI-05442, in the 407^th Judicial District Court for Bexar County, Texas ("Southton Park Chapter 245 Case"); Reed S. Lehman Grain, Ltd., v. The City of San Antonio, Texas, Cause No. 2004-CI-00238, in the 37^th Judicial District Court of Bexar County, Texas ("Southton Park Flooding Case"); and Reed S. Lehman Grain, Ltd., v. City of San Antonio, Texas, Cause No. 2004-CI-07714, in the 57^th Judicial District Court of Bexar County ("Southton Park Easement Dedication Case"), pursuant to Texas Government Code Section 551.071 (consultation with attorney).

Agenda

City Council Meeting

Municipal Plaza Building

City Hall Complex

103 Main Plaza

San Antonio, Texas 78205